Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 165 First Substitute (2023GS)

Sponsor

Rep. Lee, T.

Final action

Governor Signed 3/20/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• provides that a private property occupant is not liable for the discharge of a firearm on the property by an individual in lawful possession of the firearm under certain circumstances; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

FIREARM DISCHARGE ON PRIVATE PROPERTY
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Trevor Lee
Senate Sponsor: 
Jacob L. Anderegg
Cosponsors:
Katy Hall
Colin W. Jack
Tim Jimenez
Dan N. Johnson
Karianne Lisonbee
LONG TITLE
General Description:
This bill addresses liability resulting from the discharge of a firearm on private
property.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ provides that a private property occupant is not liable for the discharge of a firearm
on the property by an individual in lawful possession of the firearm under certain
circumstances; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-5a-103
, as enacted by Laws of Utah 2010, Chapter 339
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-5a-103
 is amended to read:
53-5a-103.
Discharge of firearm on private property -- Liability.
(1) 
As used in this section:
(a) "Firearm possessor" means an individual who may lawfully possess a firearm.
(b) "Property occupant" means:
(i) a private property owner; or
(ii) a person who has the right to occupy a private property under an agreement.
(2)
 Except as provided under Subsection [
(2)
] 
(3)
, a [
private
] property [
owner
]
occupant
, who knowingly allows [
a person who has a permit to carry a concealed firearm under
Section 
53-5-704
] 
a firearm possessor
 to 
lawfully
 bring [
the
] 
a
 firearm onto the [
owner's
]
occupant's
 property, is not civilly or criminally liable for any damage or harm resulting from
the discharge of the firearm by the [
permit holder
] 
firearm possessor
 while on the [
owner's
]
occupant's
 property.
[
(2)
] 
(3)
 Subsection [
(1)
] 
(2)
 does not apply if the property [
owner
] 
occupant
 solicits,
requests, commands, encourages, or intentionally aids the [
concealed firearm permit holder
]
firearm possessor
 in discharging the firearm while on the [
owner's
] 
occupant's
 property 
for a
purpose other than the lawful defense of an individual on the property
.
(4) This section does not alter the responsibilities a tenant owes to a landlord under the
terms of the lease agreement entered into between the tenant and landlord.